2013-06-17_REVISION - C1980007 (2)

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DELTA COUNTY INDEPENDENT 401 Meeker St. P.O. Box 809 Delta, CO 81416 AFFIDAVIT OF PUBLICATION STATE OF COLORADO COUNTY OF DELTA Iss. I, Randal Sunderland, do solemnly swear that I am managing editor of the Delta County Independent; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Delta, State of Colorado, continuously and uninterruptedly in said County of Delta for a period of more than fifty-two consecu- tive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second -class matter under the provisions of the Act of March 3, 1879, and all amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publish- ing legal notices and advertisements within the meaning of the laws of the State of Colorado; that the annexed legal notice or adver- tisement was published in the regular and entire issue of every number of said weekly newspaper for the period of one con- secutive insertion; that the first publication of said notice was in the issue of said newspaper dated June 12th, A.D., 2013, and that the last publication of said notice was in the issue of said newspaper dated June 12th, A.D., 2013. In witness whereof I have hereunto set my hand this 12th day of June, A.D., 2013. General manager of said Delta County Independent Subscribed and sworn before me, a Notary Public in and for the County of Delta, State of Colorado, this 12th day of June A.D., 2013. Notary Public My commission expires 12/24/2013 900 Cypress Wood Lane Delta, CO 81416 �AoTaRy R.EcelveD JUN 17 W3 OMSO of RE.CLgAATION MS1W AND SOEV NOTICE OF PROPOSED DECISION The Colorado Division of Reclama- tion, Mining and Safety proposes to Approve Technical Revision Application No. 128 (TR -128) for the West Elk Mine (Permit No. C- 1980 -007), submitted by Mountain Coal Company, LLC. Mountain Coal Company, LLC has submitted a Technical Revision to the West Elk Mine's Permit. The revision is to incorporate as -built drawings and engineering reports into the per- mit to reflect the reflect the repair work completed on the slumps at the RPEE haul road and the stacker tune 2 pad. This work was in an existing disturbed area and an area that already has reclamation liability attached to it. Therefore, there will be no increase in dis- turbed area or reclamation liabil- ity associated with this revision. This revision also includes design changes to the drainage for the RPEE and additional monitoring for the RPEE. The West Elk Mine is a/an Under- ground coal mine located in Delta, Gunnison County, approximately 9 miles E of Paonia, Colorado. Coal interest is Federal and private, and the surface affected is Fed- eral and private land. The permit area encompasses approximately 17,154.90 acres. This proposed decision is based on a finding that the proposed operation will comply with all re- gyirements of the Colorado Sur- face Coal Mining Reclamation Act, Section 3433 -101, et seq., C.R.S., and the regulations promulgated thereunder. Copies of the proposed decision, including stipulations, are on file for public inspection at the Colo- rado Division of Reclamation, Min- ing and Safety, Room 215, Centen- nial Building, 1313 Sherman Street, Denver, Colorado 80203. Persons with an interest that may be ad- versely affected by the proposed decision may request a formal "hearing before the Mined Land Reclamation Board on the pro- posed decision. Such request must be made within ten (10) days of the initial publication of this' notice, must be in writing, and must state with reasonable specificity the rea- sons for the request and the objec- tions to the proposed decision. Published in the Delta County Independent June 12, 2013.